Conserving marine biodiversity in the global marine commons: co-evolution and interaction with the Law of the Sea

As global shipping intensifies and technological advances provide more opportunities to access the resources of the high seas and the deep seabed beyond national jurisdiction (ABNJ), the catalogue of threats to the marine environment and its biodiversity increase commensurately. Beyond these threats, new and emerging uses of ABNJ including more intrusive marine scientific research, bio-prospecting, deep seabed mining and environmental modification activities to mitigate the effects of climate change have the potential to harm the highly interconnected and sensitive ecosystems of the open ocean and the deep seabed if not sustainably managed now and into the future. Modern conservation norms such as environmental impact assessment, marine protected areas, marine spatial planning and development mechanisms such as technology transfer and capacity building are under developed in the legal and institutional framework for ABNJ. This article examines key normative features of the legal and institutional framework for ABNJ and their applicability to conservation of marine biodiversity, gaps and disconnects in that framework and ongoing global initiatives to develop more effective governance structures. It discusses some of the options being considered in the UN Ad Hoc Informal Open-ended Working Group to study issues related to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ Working Group) to evolve the legal and institutional framework for conservation and sustainable use of marine biodiversity in ABNJ and their current and future relevance for the law of the sea. It concludes that the discussions in the BBNJ Working Group and related initiatives in the Convention on Biological Diversity (CBD) and at regional level have demonstrated that a more integrated legal and institutional structure is needed to address growing threats to marine biodiversity in ABNJ

Environmental assessments in the marine areas of the polar regions

The marine areas of the polar regions represent some of the most pristine and environmentally sensitive habitats in the world, as well as hosting a variety of threatened species. Environ-mental assessment of human activities with the potential for significant impacts on the spe-cies, habitats and ecosystems of these remote marine areas is an essential component of any governance regime for the polar regions. The term “environmental assessment” as used in this chapter encompasses not only prior environmental impact assessment (EIA), but also ongoing monitoring of impacts on the marine environment, post EIA obligations, strategic envi-ronmental assessment (SEA) and transboundary implementation of these processes. The well-established process of EIA with its recognized stages of screening, scoping and public con-sultation is critical to minimizing adverse human impacts on these areas and developing suit-able mitigation measures for the duration of such activities and beyond. EIA can alert states to the potential for transboundary harm from certain activities in marine areas and in many cases requires states to notify and consult other states where risks to marine areas under their jurisdiction emerge. EIA is an integral component of a precautionary approach to human ac-tivities with the potential for adverse effects on the marine environment. Undertaking prior EIA and ongoing monitoring of activities with the potential for adverse effects on the marine environment is also vital in incorporating environmental concerns into the development process and facilitating sustainable development

Stemming the black tide: cooperation on oil pollution preparedness and response in the South China Sea and East Asian Seas

As global hydrocarbon resources on shore steadily decline, there has been an increase in offshore hydrocarbon exploration and exploitation. Some estimates suggest that there are over 6,000 offshore oil and gas installations worldwide. Notwithstanding simmering disputes over the territorial sovereignty and associated maritime zones of a number of island groups in the South China Sea and adjacent East Asian seas, exploration for offshore oil and gas resources under national and joint development regimes has become a prominent feature of these areas. It is estimated that there are now over 1,390 offshore oil and gas installations in the South China Sea and East Asian seas. This raises the question of how well prepared states bordering the South China Sea and the broader East Asian seas are to respond to a major oil spill from an offshore installation in the region. In recent years, two spectacular oil spills from offshore installations have occurred, one off the northwest shelf of western Australia from the Montara platform in 2009, and the other in the Gulf of Mexico from the Deepwater Horizon rig in 2010. Leaking oil from those incidents over a number of months caused major damage to the coastlines of the states with jurisdiction over the drilling as well as those of neighbouring states. The damage to the marine resources and biodiversity of the surrounding waters was extensive, and industries dependent on the environmental integrity and health of these waters suffered commensurately. In addition, the costs of cleaning up such widespread and injurious oil spills were huge. Almost a third of global crude oil and half of global liquefied natural gas (LNG) passes through the South China Sea annually. China is also the world’s largest oil importer. All these factors contribute to the high potential for an oil or gas spill disaster in the South China Sea and the broader East Asian seas. This article will examine the international law and policy framework for oil pollution preparedness and response and the extent to which it has been implemented in the South China Sea and broader East Asian seas. It will then analyse a recent global initiative that has been taken to improve the preparedness of the region to address a significant oil or gas spill in the South China Sea and broader East Asian seas

Area-based management tools: developing regulatory frameworks for areas beyond national jurisdiction

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (abnj). This article examines the scope of these threats and the role of area-based management mechanisms such as marine protected areas (mpas) in addressing those threats. It discusses the law and policy rationale for establishing mpas in abnj and some regional examples of mpa designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally, it reviews global initiatives in the United Nations to develop a more integrated and cross-sectoral framework for conservation and sustainable use of marine biodiversity in abnj including the designation of a representative network of mpas in these largely neglected areas of the ocean

Protecting the Diversity of the Depths: Strengthening the International Law Framework

It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction

Climate change mitigation activities in the ocean: turning up the regulatory heat

The adverse impacts of anthropogenically induced climate change on the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies (IPCC 2007; Preston and Jones 2006; Stern et al. 2006). The threats posed by climate change to the global environment have fostered heightened scientific and commercial interest in a range of CO2 sequestration methods that either involve the ocean or affect the marine environment. The most developed proposals to date relate to offshore carbon capture and storage (OCCS), which seeks to capture carbon dioxide from point sources of emissions and sequester it in sub-seabed geological formations

Climate change mitigation activities in the ocean: turning up the regulatory heat

The adverse impacts of anthropogenically induced climate change on the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies (IPCC 2007; Preston and Jones 2006; Stern et al. 2006). The threats posed by climate change to the global environment have fostered heightened scientific and commercial interest in a range of CO2 sequestration methods that either involve the ocean or affect the marine environment. The most developed proposals to date relate to offshore carbon capture and storage (OCCS), which seeks to capture carbon dioxide from point sources of emissions and sequester it in sub-seabed geological formations

Amyotrophic Lateral Sclerosis

The term motor neuron disease refers to several diseases affecting the motor neurons and is sometimes used interchangeably to refer to amyotrophic lateral sclerosis (ALS), which is the most common motor neuron disease. This chapter will focus on ALS. A complex combination of molecular pathways and cell interactions cause ALS. About 10% of ALS cases are genetic, although it has been hypothesized that as more genes are discovered to contribute to the disease, a larger percentage of cases will be quoted. This chapter discusses in detail the most common genetic forms of ALS and current research on targeted treatments

Facioscapulohumeral Muscular Dystrophy: Genetics and Trials

A complex combination of molecular pathways and cell interactions causes facioscapulohumeral muscular dystrophy (FSHD). Several new therapies pose a promising solution to this disease with no cure. This chapter aims to explain the genetics of facioscapulohumeral muscular dystrophy, and review the current clinical trials for the treatment of FSHD